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Gujarat High Court Advocates Association writes to PM, Law Minister over judicial vacancies

The association also pointed out that such "negligent approach" of the Centre reflects its non-committal approach towards the independence of the judiciary

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Two days after DNA reported about an acute shortage of judges in the Gujarat High Court, the Gujarat High Court Advocates' Association (GHCAA) wrote to Prime Minister Narendra Modi and Union Law Minister Ravishankar Prasad condemning the "lethargic" and "insensitive" approach of the Centre in the appointment of judges.

The association also pointed out that such "negligent approach" of the Centre reflects its non-committal approach towards the independence of the judiciary.

Notably, the high court is grappling with an acute shortage of judges which is affecting disposal of cases. In fact, the situation is getting from bad to worse, with only 27 judges in position out of the sanctioned strength of 52, especially when the high court administration is hell-bent on reducing the pendency of cases from the present figure of 1.14 lakh.

In the letter sent, the bar association has requested the PM and the law minister to immediately notify the appointments recommended by the Supreme Court collegium within three working days, considering the fact that the people of Gujarat are the ultimate sufferer.

The association in its general body meeting has also resolved that if the notification for appointment of judges is not issued, or the related process is not initiated by January 14, lawyers will abstain from work on January 15 as a mark of protest.

The association also requested the Central government to avoid any unpleasant and unwarranted situation, and in the greater interest of the people of Gujarat, notify the appointments or send the files to the President for approval before January 15.

Interestingly, the Supreme Court collegium on December 5, 2018, had recommended the name of three advocates—Bhargav Karia, Megha Jani, and Sangeeta Vishen, for elevation as judges of the Gujarat High Court.

The SC collegium headed by Chief Justice of India Ranjan Gogoi had also recommended the name of Vishnukumar Patel, a judicial officer, for elevation as a high court judge. However, despite the direction to the Union government to expeditiously process the recommendations, it is yet to issue an official notification in this regard. Although the high court got four new judges last year, the addition was nullified with former Chief Justice R Subhash Reddy getting elevated to the Supreme Court, transfer of the senior-most judge Akil Kureshi to Bombay High Court, and retirement of Justice RH Shukla and Justice Mohinder Pal in December.

NOTICE BOARD

  • Sanctioned strength: 52 
     
  • Judges in-position: 27
     
  • Judges retiring in 2019: Justice SG Shah (Feb 1); Justice CL Soni (March 16); Justice KM Thaker (September 16); Acting Chief Justice AS Dave (December 4). 
     
  • Judges retiring in 2020: Justice SR Brahmbhatt (February 20); Justice Harsha Devani (March 26), Just-ice VB Mayani (May 31)
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